Case M161/2017

The Queen v. Falzon

Case No.


Case Information

Lower Court Judgment

5/04/2017 Supreme Court of Victoria (Court of Appeal) (Whelan, Priest and  Beach JJA)

[2017] VSCA 74


Criminal law – Evidence – Admissibility – Drug trafficking – Drugs, Poisons and Controlled Substances Act 1981 (Vic) ss 71AC, 72A – Where respondent convicted of cultivating commercial quantity of cannabis contrary to s 72A and trafficking drug of dependence contrary to s 71AC(1) – Where trial judge admitted evidence of cash secreted in various locations at respondent’s home as “indicia of trafficking” – Evidence Act 2008 (Vic) ss 55(1), 137 – Where majority of Court of Appeal held substantial miscarriage of justice because trial judge erred in admitting evidence of cash found at respondent’s home – Whether Court of Appeal erred in concluding substantial miscarriage of justice.

Short particulars


20/10/2017 Hearing (SLA, Melbourne)

03/11/2017 Notice of appeal

24/11/2017 Written submissions (Appellant)

24/11/2017 Chronology (Appellant)

09/03/2017 Written submissions (Respondent)

26/03/2018 Reply

19/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

19/04/2018 Outline of oral argument (Appellant)

19/04/2018 Outline of oral argument (Respondent)

08/08/2018 Judgment (Judgment summary)